The Cootamundra Herald, Tue 19 Aug 1913 ¹

POLICE COURT.
————
Monday. [18 August]
————

    Before Mr T[homas] F [sic] Mangan, JP.

SERIOUS CHARGE.

    George Borland was charged with having committed an unnatural offence at about 1.30 am on 15th inst.

    Constable Scott gave evidence of the arrest on information received, and detailed the nature of the offence; and after evidence was given in support of the offence, accused was committed for trial.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 27 Aug 1913 ²

    Mr SF Betts has been appointed to prosecute on behalf of the Crown at the sitting of the Supreme Court at Cootamundra on September 3.

~ ~ ~ ~ ~

Depositions for George Borland 3 Sep 1913 Cootamundra trial ³

(a) Town.	Letter from Bench of Magistrates at (a) Cootamundra
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. (b) George Borland
(c) Offence.	(c) Assault with intent to commit buggery
(d) Town.	Petty Sessions Office, (d) Cootamundra
	18th August 1913.
	Sir, I have the honor, by direction of the Bench of Magistrates, to transmit herewith under seperate cover the Depositions, and other documents in the
(e) Name of accused	case of (e) George Borland
(f) “His” or “her”	who has been committed to take (f) his
(g) “Circuit Court,” or  “Quarter Sessions.”	trial at the (g) Supreme Court
	to be held at (h) Cootamundra	on Wednesday
(h) Town where Court  to be held.	the third day of September 1913
	The accused is (i) confined in the gaol at Cootamundra
(i) “Is confined in the  Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)
(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission.	The Witnesses bound over are (k) Robert Francis Scott of Cootamundra, Police Constable; Alexander McDonald of Cootamundra, labourer; Benjamin Burnell, monumental mason; Dugald Maynard of Cootamundra, patrol lineman.
(l) Short description to enable identification.	The Exhibits enclosed are (l) Nil– Exhibits “A” “B” and “C” referred to in the accompanying depositions are in the custody of the arresting Constable. Accused applied verbally for assistance under the Poor Prisoners’ Defence Act.
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] Richd G[eorge] Green
	Clerk of Petty Sessions
The Under Secretary, Department of the Attorney General and of Justice.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Southern District,

Cootamundra Station
22nd August 1913.

Report relative to antecedents of:–

Name: George Borland
Offence: Assault Alexander MacDonald with intent to commit the abominable crime of buggery, at Cootamundra, on 15/8/13
Committed for Trial at: Circuit Court, Cootamundra
Date: 3rd September 1913

    Senior Sergeant [William Alexander] Duprez reports:—That offender George Borland has only been 8 years in Australia, the last year in New South Wales. He is a stranger in Cootamundra, only having arrived on the 13th instant. He is a painter by trade, and during the past twelve months has followed that calling between Albury, Hay, Blayney and Sydney.

    He has no relatives in Australia, and his associates are unknown.

    Offender’s fingerprints were submitted but they were not known at that Branch.

    The following conviction has been recorded against offender at Cowra.

    Cowra Police Court 26/6/13 Indecent language, fined £3/-/- or 1 month hard labour Young Gaol. Fine not paid.

Senior Sergeant.

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The Clerk of the Peace, Sydney.

23rd August, 1913.

Re attached application by George Borland for witness named “Dugald Maynard.”

    The Acting Gaoler, Cootamundra, respectfully reports:– Dugald Maynard was called by the Police and gave evidence at the Police Court hearing on the 16th instant, he was subpoenaed and bound over to appear as a Crown witness on the 3rd September next.

    The accused is desirous of asking Maynard a few questions, which he omitted to do, at the Police Court proceedings.

    Maynard’s evidence at the Police Court was such that it was thought possible the Crown might omit to call him at the trial on the 3rd of September, hence the application of the accused person.

    Please acknowledge.

[Signed] Thos M Dixon, Acting Gaoler.

~ ~ ~ ~ ~

George Borland defence witnesses required

HM Gaol Cootamundra 23rd August 1913
The undermentioned Prisoner at this Gaol committed for Trial at the Supreme Court to be held at Cootamundra on the third day of September 1913 have been duly warned, and require witnesses as below stated:–
No.	Name of prisoners	Offences	Witnesses’ names	Witnesses’ address
1	George Borland	Attempted Sodomy. Cootamundra Police Court 16 Aug 13 Committed to the Country Sittings of the Supreme Court to be held at Cootamundra on September 3rd, 1913. (Bail not applied for)	Dugald Maynard	Pressers Hotel, Cootamundra. Commonwealth Line-man, Telegraph Department, Cootamundra.
The Clerk of the Peace, Sydney  [Signed] Thos M Dixon, Acting Gaoler.

~ ~ ~ ~ ~

[Subpoena]

GEORGE THE FIFTH, by the Grace of
God, of the United Kingdom of Great
Britain and Ireland, and of the British
Dominions beyond the Seas, King, Defender
of the Faith, Emperor of India.

New South Wales,
TO WIT.                   }

To:  Dougald Maynard, Prosser’s Hotel – Cootamundra

    Greetings:–

We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before Us, on Wednesday the third day of September next, by Nine of the Clock in the forenoon of the same day, at the Supreme Court in Our State of New South Wales, in the Court House situate in Cootamundra
there to testify the truth, and give evidence, on the part of the prisoner, before Our said Justices, touching a certain information to be preferred against

George Borland

in a case of Attempted Sodomy
and that you so appear, from day to day, until the case is tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.

    Witness the Honorable Sir William Portus Cullen, Knight, Our Chief Justice of Our said Court, at Sydney, this twenty fifth day of August in the fourth year of Our Lord one thousand nine hundred and thirteen

For the Prothonotary
[Signed] M[ichael] J[oseph] Dunphy
Clerk of the Supreme Court.

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Depositions of Witnesses.

New South Wales, Cootamundra
TO WIT.                                           } 

The examination of Robert Francis Scott of Cootamundra in the State of New South Wales, Police Constable; Alexander MacDonald of Cootamundra in the said State, labourer; Benjamin Burnell of Cootamundra in the said State, monumental mason and Dugald Maynard of Cootamundra in the said State, patrol lineman, taken on oath this 16th day of August in the year of Our Lord one thousand nine hundred and thirteen at the Cootamundra Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of George Borland who is charged this day before me for that he the said George Borland on the 15th day of August in the year of Our Lord one thousand nine hundred and thirteen at Cootamundra in the said State, did assault Alexander MacDonald with intent wickedly and against the order of nature to commit the abominable crime of buggery with the said Alexander MacDonald.

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This Deponent Robert Francis Scott on his oath, saith as follows:–

    I am a Police Constable stationed at Cootamundra. About 1 am on 15th instant a complaint was made to me at the Police Station Cootamundra by Alexander MacDonald. In consequence of that complaint I went in search of accused. I saw him at the intersection of Wallendoon and Sutton Street Cootamundra about 1.30 am. He was about a quarter of a mile from the Railway Hotel and was going in an opposite direction to his hotel. I caught up to him. I said “Were you staying at Prosser’s Hotel [same as Railway Hotel] tonight?” He said “Yes.” I said “How long is it since you

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left there?” He said “About an hour ago.” I said “You answer the description of a man given to me by MacDonald. I am a Police Officer and I want you to go with me back to Prosser’s Hotel to see if two men in “Room No. 7” can identify you as the man who slept in the bed with MacDonald. I then took him back to the room. A man named Burnell was in bed. I said “Is this the man that Scotty threw out of the room tonight?” He said “Yes.” I said “Where is Scotty now?” He said “He has gone down the yard.” I then sang out to Scotty (meaning MacDonald). He came to me and I said “Is this the man that you want to give in charge for trying to commit an unnatural

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offence upon you?” He said “Yes, that’s the man.” He said “I hit him over the right eye and threw him out of the room before I went to the ps. The accused said “I slept in the room tonight and in the same bed as that man,” pointing to MacDonald. I said to the accused “When I came into this room about half an hour ago I was told that in your hurry to get your clothes on you dropped some money on the floor.” This conversation had previously taken place between Burnell and I in the presence of accused. He said “Any money that was found on the floor is mine.” I found a two shilling piece on the floor which I now produce (Exhibit “A”). He said “There is also a waistcoat in the room belonging to me.” I searched the bed clothes and found the waistcoat which

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I now produce marked Exhibit “B”. I said to accused “Did you engage a room at this hotel tonight?” He said “Yes, I paid for a bed in Room No. 2 and placed a parcel on the front of the bed.” I then took him to the lock up and there charged him with attempting to commit sodomy on one Alexander MacDonald. He made no reply. At the Police Court yesterday when he was brought before the court I heard accused say to the Senior Sergeant of Police “Can I see the arresting Officer? I want to ask him how many witnesses he has in this case” (meaning MacDonald). I heard the Senior Sergeant say “Anything you now say may be used in evidence against you.” Accused then asked me how many witnesses has he in the case. He said “There were no other

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persons present when the affair happened.” I afterwards went to the Railway Hotel and visited bedroom “No. 2” which was the room accused said he had paid for. I there found a parcel which I took to the gaol and I said to accused in the presence of the Gaoler “Is this your parcel?” He said “Yes it contains overalls and clothing.” The parcel was tied up with old straps. “No 2” room and “No. 7” room are in different buildings and it would be impossible for a man to mistake one room for the other. When I brought accused to the hotel in the first instance Burnell said in the presence of accused “This man (meaning accused) in his hurry to put his clothes on dropped some money on the floor.” Accused then said “Any money that is on the floor is mine.” I said “Well I

7

found two shillings on the floor which I am going to keep until after the case. I searched accused at the lock up and found nine shillings and a penny on him in addition to the two shillings I found. I produce aa parcel marked “C” which I found in bedroom No. 2.

    By accused: You had no conversation in court yesterday with MacDonald.

[Signed] RF Scott.

Taken and sworn at Cootamundra, this 16th day of August 1913 before.
[Signed] T Mangan, JP.

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This Deponent Alexander MacDonald on his oath, saith as follows:–

    I am a labourer and reside at present at Cootamundra. On the night of the 14th instant I stopped at Prosser’s Hotel. I engaged a bed in No. 7 room. Previous to going to bed I was in a bar parlour. There were several others there including accused. I was having a game of cards. I knocked off about 5 minutes to 1. I went outside the end of the house. Accused and a man named Maynard went out with me. I never saw accused in my life before that night. We stayed outside talking for some time. I said “I think I will go to bed.” Accused said “I’m broke and got nowhere to go to.” Accused was quite sober. I was also sober. I said “It’s pretty hard to have to sleep out over

9

nights like these. You can come into my room and you can either share the bed or sleep on the floor whichever you like.” He made no reply. We then both went into the room. Accused undressed and went to bed first. He occupied the inside of the bed near the wall. It was an ordinary single bed. I went to bed. Before going to bed I undressed. We only had shirts on when we both went to bed. We had a candle in the room when we went to bed and I blew it out. I went to sleep and about 20 minutes or half an hour after I was awakened by feeling a queer sensation on the fundament. I sung out to the other man in the same room “Jim, Jim.” I then said to accused “What are you trying to do?” He said “It’s all right, it’s all right.”

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I jumped out of bed and said “I’ll damn soon show you whether it’s all right.” I said “Get out of this you dirty pig,” and I struck him. I caught hold of him to pull him out of bed and he said “Be quiet, be quiet.” Then I felt the sensation I put my hand around and felt accused’s penis alongside my fundament. It was erect. I was wet about the fundament. When I woke up I was lying on my left side and accused was lying on the left side. My back was towards him. When I felt him first I tried to get away and he caught hold of me by the shoulder. I immediately reported the matter to the Police. I put on my pants and went out barefooted. About an hour after I reported it I saw accused in the custody of the Police and recognized him. There is no doubt

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at all about it. I saw the Constable pick up a two shilling piece which accused claimed. When the accused was at the Police Station I heard him say “I had a bed engaged in No. 2 room at that hotel, there is a brown paper parcel of mine there.” In the “No. 7” room a man named Burnell was sleeping in another bed. There were two beds in that room. I was stopping at Prosser’s Hotel since Tuesday night last. Previous to accused attempting to commit this offence I had no conversation with him about it and it was done against my will.

    By Bench: When I went away to get the Constable accused must have gone away also as he was not there when I came back with the Constable. I helped the Constable to look for him. I said to him “Seeing

12

that you are broke and it being a cold night I will not see you stuck.”

    By accused: You did ask me yesterday in the presence of the Police Constable if I did not ask you to sleep with me but that is not true. You did not say that this bed was too small for the two of us and I did not say to you “Take off your big coat and turn in.” You came out of the room where you were playing cards with me. You did not come out before me. I did not hear the conversation you had with the Constable on the way to the lock up. I knew you were accusing me of something. I was pretty excited.
[Signed] Alexander MacDonald.
Taken and sworn at Cootamundra, this 16th day of August 1913 before.
[Signed] T Mangan, JP.

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This Deponent Benjamin Burnell on his oath, saith as follows:–

    I am a monumental mason and reside at Cootamundra at present. On Thursday night last – 14th instant – I was stopping at the Railway Hotel. I occupied bedroom “No. 7” . There were two single beds in the room. I first occupied the room on the 13th instant. The other bed was occupied by MacDonald. On the night of the 14th instant I was in the parlous after tea. I saw accused and MacDonald there. I went to bed about 10 minutes past 10. I went to sleep and never heard anything come into the room. I was awakened about 12 o’clock I believe. MacDonald sang out. I heard him say to accused “What the hell are you doing?” He jumped out of bed. He said “Get out of this you dirty low

14

pig.” Accused got out of bed, sat on the edge of the bed and MacDonald then struck him and called him a dirty low pig two or three times. MacDonald left the room saying “I will go for the Police.” When MacDonald went out accused was putting on his clothes and was evidently talking to himself. I heard him say “There’s no damned evidence anyway.” I had not spoken. There was no light in the room but the moon was shining through the window. The blind was up and it was about full moon. MacDonald came back in about 30 seconds. Accused was still in the room and MacDonald caught hold of him by the neck and pushed him out the door. MacDonald put on his pants and said “I’ll go for the Police. I’ll have you arrested.” Some time after

15

accused was brought back by a Constable. The Constable said to me “Is this the man that was in the room?” I said “Yes. I am positive accused was the man,” I said to the Constable. “There is some money on the floor. I heard a coin drop when he was putting on his clothes.” The Constable struck a match and found a two shilling piece on the floor and said “I’ll keep this until the trial is over.” The accused had previously said “There is a pipe and other things belonging to me in this room. When I woke up I saw MacDonald jump out of bed with only a shirt on. Accused also had only a shirt on. They both got out of the one bed.

    By accused: I did not hear any conversation between you and MacDonald. I never saw or heard anything before I was awakened.

[Signed] Benjamin Burnell.

Taken and sworn at Cootamundra, this 16th day of August 1913 before.
[Signed] T Mangan, JP.

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This Deponent Dugald Maynard on his oath, saith as follows:–

    I am a patrol lineman for the Commonwealth and reside at Cootamundra. I stay at the Railway Hotel. I was there last Thursday night 14th instant. I saw MacDonald and accused there. I was in the room where cards were being played. I left the room before them. I saw them after out on the footpath in front of the hotel. I did not hear them say anything. Saw MacDonald and accused staying standing on the footpath. I am a little hard of hearing. I said “I am going to bed.”

    No questions.

[Signed] Dugald Maynard.

Taken and sworn at Cootamundra, this 16th day of August 1913 before
[Signed] T Mangan, JP.

17

This Deponent Robert Francis Scott recalled on his former oath, saith as follows:–

    By accused: I did not hear Macdonald say that he asked you to sleep in the bed with him. I did not hear him say that he asked you to sleep in the bed with him.

    By To Senior Sergeant Duprez: MacDonald was very excited when he came to the Police Station. He had only a shirt and trousers on. He was barefooted and bare headed. It was a bitterly cold night and bright moon light. Prosser’s Hotel is about half a mile from the Police Station.

[Signed] RF Scott.

Taken and sworn at Cootamundra, this 16th day of August 1913 before.
[Signed] T Mangan, JP.

18

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Cootamundra
TO WIT.                                                    }

George Borland, (hereinafter called the defendant) stands charge before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 16th day of August in the year of Our Lord one thousand nine hundred and thirteen for that he, the said defendant, on the 15th day of August 1913, at Cootamundra in the said State, did assault Alexander MacDonald, with intent wickedly and against the order of nature to commit the abominable crime of buggery with the said Alexander MacDonald and the said charge being read to the said defendant, and the witnesses for the prosecution, Robert Francis Scott, Alexander MacDonald, Benjamin Burnell, Dugald Maynard being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be read to him) the said defendant is now addressed by me the said Justice as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “I wish to give evidence on my own behalf.”

[Signed] Geo Borland.

Taken before me and read over to the said defendant at Cootamundra in the said State, the day and year first above mentioned.
[Signed] T Mangan, JP.

19

Defence

This deponent George Borland on his oath, saith as follows:–

    I am a painter and reside at Cootamundra at present. I previously resided at Murrumburrah. I knew Alexander MacDonald by sight. On the night of the 14th instant I was at Prosser’s Hotel. We were playing cards up till shutting up time. I came out off on the footpath and I was talking to Maynard and another man. During the conversation the man Maynard said “It’s getting late, I’ll have to go home.” He left me standing there. Just after he went away MacDonald came up and spoke to me. No-one else was present. He said to me “Would you come in and sleep with me?” I said “I have a room paid for.” He said “Oh, it doesn’t matter. Come in with me.” I went into the room and Burnell was in the bed

20

asleep. MacDonald tried to wake him up but he did not wake. He then said to me “Take off your big coat and get into bed here.” I said “This bed is not big enough for the two,” and I sat down on the bed. MacDonald said a second time “That doesn’t matter. Take off your big coat and get in.” I took my clothes off and turned in. I had been in bed about twenty minutes. I was lying on my right side and MacDonald got hold of my hand and got my hand on top of his penis which was erect. I took my hand away and turned over on my other side and he caught hold of me and squeezed me with both of his arms. I did not say anything. He turned over and he got quite close to me. His penis was near my rectum. I turned over and when I turned

21

over he got up and said to me “Get out of the room you dirty pig.” I got up and I sat down on the bed and I lit the candle. I put some of my clothes on – all but my vest. I left my vest in the room. I went out in search of an Officer to give him in charge. I failed to find an Officer. During the proceeding he went and told the Police. The Police arrested me and took me down to the room where MacDonald was. There was nobody heard the conversation between me and this man. There was nobody seen us go into the room. What conversation between us was private. It was about twelve o’clock when we got into the room. MacDonald said “Come into my room and sleep with me.”

    By Senior Sergeant Duprez: There were no suggestions

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of any indecent behaviour before MacDonald and I went in to the room. I wanted to go into my own room but on MacDonald’s persuading me I went to his room. I knew there was another man in the room but I never said anything to him. I did not accuse MacDonald to this man of committing any offence. I did not say anything at his room at Prosser’s Hotel about MacDonald committing this offence when there were Burnell and the Constable present. I never accused MacDonald at the lock up. We were both sober. I did not know where the Police Station was then. When the Constable came up to me he told me he was a Constable. I did not then make any complaint to him. After the Constable arrested me I accused MacDonald

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of committing the same offence on me. After closing up time I went into No. 2 room to see if my things were all right. I went back into the No. 2 room after MacDonald put me out of his room. I did not go to bed as I went out to find an Officer. I did not make any complaint. I do not think it was necessary to make a complaint when I was charged. I was in the room with MacDonald.

    By Bench: When MacDonald said to me “Take off your overcoat,” I had my mother clothes on and it was useless to take off my overcoat without taking off any other clothes. When the Constable told me he was a Constable I knew full well what he wanted me for. I could not give MacDonald in charge after he had given me in charge.

[Signed] Geo Borland.

Taken and sworn at Cootamundra, this 16th day of August 1913 before.
[Signed] T Mangan, JP.

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G. 190.

New South Wales, Cootamundra
TO WIT.                                        }

REX.
versus
George Borland

Offence,— Assault with intent to commit abominable crime of buggery

    The accused stands committed to take his trial at the next Supreme Court of to be holden at Cootamundra, in the State of New South Wales, on the second day of September 1913, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £ and two sureties in £ each, or one in £. Bail not applied for. The accused applied verbally for legal assistance under the provisions of the “Poor Prisoners’ Defence Act ”

[Signed] T Mangan,

JP.

Dated at the Police
Office, Cootamundra
in the said State,
this 16th
day of August
AD 1913.
4g 416 - 88

~ ~ ~ ~ ~

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Cootamundra
TO WIT.                                                    }

Be it remembered, that on the 16th day of August in the year of Our Lord one thousand nine hundred and thirteen Robert Francis Scott a Constable of the Police Force, stationed at Cootamundra in the State of New South Wales, Alexander MacDonald of Cootamundra in the said State, labourer Benjamin Burnell of Cootamundra in the said State, stone mason Dugald Maynard of Cootamundra in the said State, Commonwealth Patrol Lineman personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.

[Signed] RF Scott, D Maynard, A MacDonald, Benjamin Burnell.

Taken and acknowledged, the day and year first above mentioned, at co in the said State, before me.
[Signed] Richd G Green, JP.

The condition of the within written Recognizance is such, that whereas one George Borland was this day charged before Thomas Mangan Esquire one of His Majesty’s Justices of the Peace for the said State, for that he on the 15th August 1913 at Cootamundra in the State of New South Wales, did assault Alexander MacDonald with intent wickedly and against the order of nature to commit the abominable crime of buggery with the said Alexander MacDonald.

If, therefore, they the before mentioned persons shall appear at the next Supreme Court to be holden at Cootamundra in and for the State of New South Wales, on Wednesday the 3rd day of September 1913, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon and information to be then and there preferred against the said George Borland for the offence aforesaid to the jurors who shall pass upon the trial of the said George Borland.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Richd G Green, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Supreme Court.
Cootamundra
2nd September 1913
AG’s No. 13/172
Depositions.
CS’s No. 2
358
Rex
v.
George Borland
Indecent assault
Committed at: Cootamundra
on: 16 August 1913

~ ~ ~ ~ ~

Court. Supreme Court Cootamundra
Date. 3rd September 1913
Cor. Pring Judge.
Plea. Not guilty
Verdict. Guilty on both counts
Judgment. Hard labour in Goulburn Gaol on each count for 12 months. Sentences to be concurrent
[Signed] Selwyn Betts
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Attempt to commit sodomy & indecent assault on male
[Initialled] HH
20.8.1913
Approved
[Initial illegible]
25.8.13

~ ~ ~ ~ ~

Justice RD Pring’s notebook ⁴

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[Cootamundra Court, Wednesday 3 September 1913]

R v George Borland – 15 August 1913 assault Alexander McDonald with intent to commit buggery.

2. Indecently assaulting Alexander McDonald. ([Sections] 80 & 81)

Plea not guilty

MacMahon for accused.

    Robert F Scott examined Betts. Constable. On 15 August I saw him 5 at Police Station at 1 am. I went with him towards Prosser’s Hotel – went to the hotel into No.7 room – made search & saw accused at intersection of Wallendoon & Sutton Streets

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about 1.30 am. That is ¼ mile from the hotel. I said to him, “Were you at the Prosser’s Hotel tonight?” He said “Yes.” I said “How long ago since you left there?” He said “About an hour.” I said “You answer the description of a man given me by McDonald – I want you to go back to the hotel with me to see if two men can identify you as the man who slept in room No.7.” I took him to the hotel into No.7 – Burnell was sleeping in one bed – there were 2 beds in the room. I said to accused Burnell “Is this the man that was sleeping in the room with McDonald.” Burnell said “Yes.”

5

I said “Where is Scotty now.” Scotty is McDonald. Burnell said “He is gone down the yard.” I sang out “Are you there Scotty.” He came to me. I said “Is this the man (pointing to accused) that you want to give in charge for trying to commit an unnatural offence on you.” He said “Yes.” Accused said “I slept in the same bed with that man (pointing to McDonald)” I said to accused “In your hurry tonight to put your clothes on you dropped some money.” He said “Yes any money found on the floor is my property.” I said “I have a 2/- piece here

6

which I found on the floor.” He said “It is mine” & put out his hand to (receive ?) it. I took him to lockup. I asked him had he engaged a room at the hotel that night. He said “Yes I paid for a bed in No.2.” I charged him. He made no reply. He had a black eye which looked freshly done. When McDonald came to station he had only shirt & trousers – no boots – at the lockup I found 9/1 on him.

7

    Cross-examined MacMahon. Accused answered my questions readily. He did not tell me at any time that McDonald tried to commit the offence on him.

    To a juror – McDonald was perfectly sober.

    Alexander McDonald examined Betts. Labourer. On 14 August I was at Prosser’s Hotel in evening in back room playing cards. Later on accused & several more were there – knocked off cards at 10.55. I had not met accused before.

8

I had 3 drinks during the day & one after tea. I went to bed about 11.20 quite sober. Maynard & I went out of the room first – accused followed Maynard & I was behind him. The three of us stopped on the sidewalk talking – Maynard left. I said “It’s time for bed.” Accused said he was broke & had no place to sleep. I said “It’s pretty hard to sleep out on cold night; you can share my room.” He made no reply. He followed me up to

9

No.7. He was quite sober. Burnell slept in the other bed – He was asleep. Accused undressed & got into my bed next the wall. I undressed & got into the bed. We had only our shirts on. I went to sleep. About ½ hour after I woke feeling a queer sensation in the fundament. I put my hand round & found accused’s penis there – it was erect. I said “What are you trying to do.” He said “It’s all right,” & caught hold of my shoulder. I said “I’ll damn sure let you know if it’s all right.”

10

I jumped out of bed & pulled him by the arm & said “get out of there you dirty low pig.” I struck him on some part of the head. There was no light in the room – full moon shining brightly. I went for the police in pants & shirt. Accused said he had hired a room No. 2. What accused did was against my will.

    Cross-examined MacMahon. I was playing cards off & on the whole night after tea – for nearly 5 hours – not for drinks – I had no money on me.

11

No disputes arose between me & accused – He only played one game – there was no argument about it. He did not say he’d pay for the drinks. I did not see him go to the bar with the other men. I borrowed a 1/- to get a drink for myself – I had only one drink. I heard accused talking on the way to the lockup but not what he said. The bed was a single bed. I paid a week’s board in advance.

    Re-examined. It was a very cold frosty night.

    Benjamin Burnell examined Betts.

12

Monumental mason. In back After tea time on 14 August I was at Prosser’s. I occupied No. 7. I was in the tap room. I went to bed about 10.10. Went to sleep soon after – heard no one come. About 12 I was wakened up by McDonald singing out “What the hell are you trying to do.” McDonald got out of bed & said “get the hell out of there as quick as you can you dirty low pig.” I saw accused on bed, (?) sitting on edge of the bed. McDonald hit him towards the ear.

13

McDonald said “I’ll have you arrested” & went out for ½ a minute with only his shirt on, came back again. While he was out accused was putting on his clothes & said “You’ve got no damned evidence anyhow.” I did not speak at all. McDonald came back & got accused by back of the neck, hit him 3 or 4 punches & shoved him out of the door. Then McDonald put his pants on & said “I’m going for the police” & went away. Accused never spoke to me or made any complaint.

14

    Cross-examined McMahon. It was about a (medium ?) night. I saw McDonald & others playing cards. Saw neither drinks or money. Did not hear accused asking fellows to have drinks. I was there from 8 to 10.

    Re-examined. I couldn’t see any sign of drink on either accused or McDonald.

    Dugald Maynard examined Betts. Patrol liner on Telegraph lines.

    Cross-examined. I was at Prosser’s – saw accused & McDonald playing cards. There was no row – accused asked me & another to have a

15

drink in the bar. He paid. I remained till about 11. McDonald was a little under influence of liquor. He could walk & talk all right. He was not sober nor drunk.

    Re-examined. Accused was perfectly sober.

Case for Crown closed.

For Defence.

    George Borland examined MacMahon. Accused – painter. Never been in trouble before – or committed or charged with any offence. Arrived in Cootamundra on 14 August by 8.30 pm train – went to Prosser’s.

16

Engaged a room there. Didn’t have tea there – went into tap room & found played a game of cards with McDonald, Maynard & a strange man – we were playing for drinks – McDon I & the stranger were. McDonald & I had a few words & I said “I’ll pay for the 2 of you.” I took Maynard & the stranger into the bar & shouted. After that I went to the rear & walked up & down for a while – came back to the parlor – McDonald still playing. It was near 11. I went out to the footpath

17

& saw Maynard there – we talked. McDonald came up. Maynard said “I’ll go home,” leaving me & McDonald. McDonald said to me “Come & sleep with me.” We went into No.7 & [I] 6 told him the bed was not big enough for two ? He said “Never mind, take off your big coat & clothes & get into bed with me.” He did not say it was a cold night to be out nor “you can sleep in the bed.” I did not I got into t say I was broke. I went to his room because I couldn’t find my own room – I knew the number but

18

couldn’t find the room. I didn’t tell McDonald that. I got into bed. After I had been in bed about 20 minutes McDonald took hold of my hand & wanted me to take hold of his person – I pushed his hand away & asked him what he was doing; he did not speak. I turned over on my left side; his penis was near my rectum – I told him I was going to get up. I got up & was out of bed before he was. He swore at me & called me a dirty

19

pig & told me to leave the room – I can’t say why he said that. I got most of my clothes on leaving my waistcoat in the room. I went into the street – shortly after I was arrested & brought to the room – taken to the lockup & McDonald charged me with the offence. I was fined £3 for bad language in July this year.

    Cross-examined Betts. I gave evidence at the Police Court. I did not say there that I couldn’t find my room. I don’t remember McDonald saying “What the hell are you doing.”

20

I tried to find my own room. There was no one to ask. I had no occasion to ask McMa McDonald where room No.2 was. I did not hear McDonald say he was going for the police. When I was arrested I told the officer on the way to the lockup what McDonald had been trying to do – I said nothing about it in the room. I told McDonald I had paid for a room. I did not tell him I had no money. He was not sober – far from f being sober – I was sober. He wasn’t drunk. At the Police Court I said he was sober.

21

I did not say “There’s no evidence against me.”

    Re-examined. By sober I mean not drunk.

    To me. I had been to No.2 before I went to the card room. Prosser’s is a fair sized hotel – I think it is two storey. No.2 was on the ground floor. Before I went on the footpath I tried to find the room. That was just on 11.

Case for accused closed.

MacMahon addresses jury.

Betts replies.

I sum up.

Jury retire at 12.27, return at 2.30

Verdict – Guilty
Sentence – 12 months hard labour in Goulburn Gaol on each count concurrent.

~ ~ ~ ~ ~

The Cootamundra Herald, Fri 5 Sep 1913 ⁷

SUPREME COURT.
Wednesday [3 September].

    Before Mr Justice Pring.
    The Sheriff Mr CEB Maybury, was in attendance.
    Crown Prosecutor, Mr Selwyn Betts.
    Crown Solicitor, Mr MM d’Arcy Irvine.
    Judge’s associate, Mr E Beaver.
    The other legal gentlemen present were Messrs JN Mason (Sydney), WA Walker (Sydney), P MacArthy (Lockhart), J Trevor Jones (Coolamon), CA Vaughan, TP MacMahon, and JH Robison.
…

A SERIOUS OFFENCE.

    George Borland pleaded not guilty on two counts of indecent assault on a male person at Prosser’s [Railway] hotel, Cootamundra.

    Accused was defended by Mr MacMahon.

    Jury: WT Doland, SP Ward, JA Mullins, SH Corby, J Brady, H Smith, WH White, AE Davis, George Meale. Wm Palmer, Geo Thompson, and HG Boxsell.

    Five jurymen were challenged by accused.

    After lengthy evidence (which was unfit for publication), a verdict of guilty was returned on both counts.

    Accused was sentenced to 18 months on each count, sentence to be concurrent.

~ ~ ~ ~ ~

George Borland, Gaol photo sheet ⁸

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Gaol Photo Sheet - Transcribed Details

No. 229
Grafton

Date when Portrait was taken: 13-10-1913

Name: George Borland

Native place: England Year of birth: 1881 Arrived       Ship: SS Suffolk in Colony }   Year: 1905 Trade or occupation previous to conviction  } Painter Religion: R. C. Education, degree of: R & W Height: 5' 1¾" Weight     On committal: 136 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Grey

Marks or special features: Scar right groin. Scar left side of rump; 7 vaccination marks left upper arm; Scar left lower arm & wrist very much marked; back of neck with blackheads

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Cowra PC Cootamundra SC	26   3	6 9	1913 1913	Indecent language 1) Attempt Buggery 2) Indecent assault on a male person	£3 or 1 month HL 12 months HL. on each charge (Concurrent)

 

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¹     The Cootamundra Herald, Tue 19 Aug 1913, p. 4. Emphasis added.

²     The Sydney Morning Herald, Wed 27 Aug 1913, p. 14.

³     SRNSW: NRS880, [9/7184], Supreme Court, Papers and depositions, Cootamundra, 1913, No. 172. Emphasis added.

⁴     SRNSW: NRS7563, [7/9758], Judiciary, RD Pring, J. Notebooks Circuit, 1900-21, pp. 3-21. Emphasis added.

⁵     Presumably refers to McDonald.

⁶     Word missing.

⁷     The Cootamundra Herald, Fri 5 Sep 1913, p. 4.

⁸     SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 229, p. 38, R5125. Emphasis added.

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